MANISHA MAHOBIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioners have filed this writ petition seeking following reliefs.

(2.) Brief facts which led to filing of this writ petition are that petitioners are students of LL.M. course and are pursuing their studies from Respondent no. 4/ College. Petitioners appeared in Second Semester examination and results of which were declared on 19/8/2023. Petitioners got ATKT, as both of them secured less than 50 marks in Indian Administrative Law subject. They took admission in LL.M. Third Semester on 22/8/2023 and 25/8/2023 respectively. They also submitted their examination Form, pursuant to which they were issued Admit Card to appear in the Third-Semester and they have also participated in the examination. Petitioners also submitted their examination Form for ATKT subject ie., Indian Administrative Law and for that also they were issued Admit Card. In the ATKT subject, petitioners became successful and accordingly results were declared on 15/3/2024 as 'Passed', however, results of the Third Semester in which petitioners appeared were not declared. They approached the authorities and have also submitted representations, however, the representations were not considered by Respondents No. 3 and 4, aggrieved by which petitioners have filed this writ petition.

(3.) Learned counsel for petitioners would submit that petitioners after declaration of results of second semester showing that they have received ATKT in one subject ie., Indian Administrative Law and as per the rules of admission to get themselves admitted in the next semester, immediately after declaration of results of earlier semester they submitted their application Form for admission as also deposited requisite fee. Petitioners continuously attended classes of second semester, submitted their examination Form, concerned authority also issued Admit card and they appeared in the examination, however, when the results of third semester were declared the results of the petitioners were withheld and was not visible in the online portal. Later, the petitioners were informed by the respondent-College that they were not eligible to take admission in third semester and also to appear in the examination because they have not cleared second semester on the date of admission. The information supplied by the respondents to the petitioners is per se arbitrary and contrary to the provisions of the regulations of the University. He contended that as the admissions norms provides for their admission in next semester with ATKT, Respondent No. 4 admitted them, petitioners have attended lectures and classes of third semester, participated in the examination and therefore, direction be issued to respondents to declare their results.